by her huſband or any of his anceſtors. And by ſtatute 14 Eliz. c. 8, no tenant for life, of any ſort, can ſuffer a recovery, ſo as to bind them in remainder or reverſion. For which reaſon, if there be tenant for life, with remainder in tail, and other remainders over, and the tenant for life is deſirous to ſuffer a valid recovery; either he, or the tenant to the praecipe by him made, muſt vouch the remainder-man in tail, otherwiſe the recovery is void: but if he does vouch ſuch remainder-man, and he appears and vouches the common vouchee, it is then good; for if a man be vouched and appears, and ſuffers the recovery to be had, it is as effectual to bar the eſtate-tail as if he himſelf were the recoveree[1].
In all recoveries it is neceſſary that the recoveree, or tenant to the praecipe, as he is uſually called, be actually ſeiſed of the freehold, elſe the recovery is void[2]. For all actions, to recover the ſeiſin of lands, muſt be brought againſt the actual tenant of the freehold, elſe the ſuit will loſe it's effect; ſince the freehold cannot be recovered of him who has it not. And, though theſe recoveries are in themſelves fabulous and fictitious, yet it is neceſſary that there be actores fabulae, properly qualified. But the nicety thought by ſome modern practitioners to be requiſite in conveying the legal freehold, in order to make a good tenant to the praecipe, is removed by the proviſions of the ſtatute 14 Geo. II. c. 20. which enacts, with a retroſpect and conformity to the antient rule of law[3], that, though the legal freehold be veſted in leſſees, yet thoſe who are intitled to the next freehold eſtate in remainder or reverſion may make a good tenant to the praecipe: and that, though the deed or fine which creates ſuch tenant be ſubſequent to the judgment of recovery, yet, if it be in the ſame term, the recovery ſhall be valid in law: and that, though the recovery itſelf do not appear to be entered, or be not regularly entered, on record, yet the deed to make a tenant to the praecipe, and declare the uſes of the recovery, ſhall after a poſſeſſion of
